The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-07
BEFORE JUDGE ZANE.
John Penman Falls an Easy
Victim.
E. T. BROWNING ACQUITTED.
This Jury In the Foster RmbezElement
Case Unable to Agree Upon
Verdict.

The arguments In the Foster embez-
element case were concluded in the
Third District Court yesterday morn
ing, and the case went to the jury on
the Courts charge.
The case of the United States VS..
John Penman, charged with unlawful
cohabitstion. The defendant in this
case is now serving term in the Peni-
tertiary for polygamy.
MARY PENMAN was the first witness.
She testified that she was Ii years old ;
was the daughter of the defendant and
Isabel Penman. Isabel Penman
was the defendants first wife;
did not know when she mar
ried him; her mother had several chill
dren; did not remember who lived at
the defendants house during the year
1885; be lived with Isabel Penman
during that time.
MARY ELLEN HoDGsoN was the next
witness. She tesu6ed that she had
lived in this country about three years /;
and a half; was acquainted with
defendant; first met him on the
voyage across the sea; upon
arriving in this country, witness
first went to Hooper CRY; went from
there to Ogden 10 work; went from
Ogden to Bountlful aid stopped at
defendants house; was married to him
three years ago; he had wife living at
the time; wentto his house in Bountiful
about three weeks after marrying him;
stayed there about a week, during
which time defendant lived with her as
his wife; made several visits to Hooper;
was at defendants house IN BountifuI
in February. 1885, anu stayed there for
q month; his first wife lived III the
same house at the tima; defendant
lived with them both hi wives; wit
ness lived at BountIfui IN il January,
1885; never slept in the am room with
Isabel Penman; wines mad had one
child; it was dead; if living, 1T would
be over 2 years old; defendant was its
father.
DEPUTY MARSHAL SPRAGUE was put on
the stand for the purpose of showing
that Bountful is in Davis County, and
in this jud Cial district.
This closed the testimony, and the
case was submitted without argument.
The court charged the jury who found
verdict of guilty, without leaving the
box.
Court then took a recess until 2 o. m.
In the afternoon the case OF Il. L.
Browning, charged with assault, was
taken up, ana jury was called and
sworn.
The evidence showed that Mrs.
Marian Clark Gnd Mrs. Robbins were the
Joint owners of an alley way running
between their respective lots. Mrs.
CLARK testified that Mrs. Robbins had
fenced in the opening of the alley, pre-
venting her from using it, and on the
18th of June she sawed the fence down.
While thus engaged Mrs. Robbins came
out and a quarrel ensued. Mr.. Brown
ing came up, and dragged her some
forty or fifty feet.
Mr.. Browning, the defendant, and
Mrs. Obbins, in their testimony, de-.
MED that the alley was fenced in such
way that Mrs. Clark couid not use it,
and that at tie time OF the trouble,
Mrs Clark attempted to assault Mrs.
Robbins with a saw, and the latter
called uOon Mr.. Browning for proIec-
ton. He started to take Mrs Clark to
an officer, but committed no as
sault, aud used no violence. The
case was submitted without argu-
ment, and the jury found verdict of
not guilty.
The jury in the Foster embezzIement
case came into court at about $50 and
announced that they were unable to
agree upon verdict. They were there
for discharged, and a new trial will be
mad.
Court then adjourned until 10 o'clock
this morning.
OTHER BUSINESS.